Denville Township City Zoning Code
ARTICLE XXVI
General Provisions
§ 600-147 Nature and extent of uses of land.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
§ 600-148 Effect of zoning.
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished, or used, for any purpose other than that permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
§ 600-149 Building permits and building plans.
No building or part thereof shall be erected, constructed, altered or moved until a building permit has been issued by the Building Inspector. No building permit shall be issued unless all the following requirements and conditions are complied with:
A.
All applications for a building permit shall be filed by the owner or his agent and shall state the intended use of the structure and the land. All specifications for a permit for a new structure shall be accompanied by detail plans and specifications drawn to scale of 1/4 inch equals one foot with dimensions and by a plot plan drawn to scale not smaller than one inch equals 50 feet by a licensed land surveyor of the State of New Jersey. The plot plans shall show the actual dimensions of all proposed and existing buildings, all open spaces, the established building line within the block, utility lines, parking or paved areas and any natural physical features upon the lot or within 50 feet of said lot. In addition, such other information as may be necessary or desirable to provide for the enforcement of this article shall be provided to the Building Inspector upon his request.
B.
All plans, specifications and plot plans required by this section and by any officer or body of the Township charged with the enforcement and administration of this article shall be signed by a duly licensed architect of the State of New Jersey or by a licensed professional engineer where permitted by law, or by the owner of a one-family dwelling only if occupied by the owner. In the event the plans, specifications and plot plans have been prepared by the owner or an agent of the owner other than the above architect or engineer, the owner shall file an affidavit to that effect in accordance with state law.
C.
The intended use, plans, specifications and plot plans shall conform in all respects with the provisions of this article and with the provisions of any other applicable Township ordinance, code or state regulations.
D.
Where site or plot plan approval of an intended use is required from the Planning Board, such approval shall be obtained prior to the issuance of a building permit.
E.
Where there is a question as to the suitability of a lot for its intended use due to topography, rock formations, flood conditions, public safety or other similar circumstances which in the opinion of the Building Inspector may adversely affect the health, safety or general welfare of the occupant of the lot or the public, the Building Inspector shall not issue a permit unless so ordered by the Township Council.
F.
Every building permit shall expire one year from the date of issuance thereof. The Building Inspector shall revoke any building permit if he finds that actual conditions and construction do not adhere to either the plans or specifications submitted to him or to any other applicable Township or state regulations. A revoked building permit may not be reinstated unless the above nonadherence is corrected.
§ 600-150 Certificates of occupancy.
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector. The certificate of occupancy shall state that the use, building and premises complies with all the provisions of this article and all other applicable Township and state requirements. Certificates of occupancy shall be granted or denied within one week of application therefor being received by the Building Inspector.
A.
Certificate of occupancy shall specify the use of the land or building and any circumstances or conditions imposed by any public agency, code or regulations. Any change in use, including a change from one permitted use to another kind of permitted use in the same zone, will be treated as a new use and a new certificate of occupancy shall be required pursuant to § 600-72. Prior to the issuance of a certificate of occupancy for the change in use, all provisions of this chapter shall be complied with the same as if the new use were a new structure or a new use of land, unless waived by the Planning Board.
B.
No certificate of occupancy shall be issued by the Building Inspector until he has ascertained that all requirements of this Part 4 are fully complied with. Any other applicable Township or state regulations, Board of Adjustment order, Township Council order, Township Engineer order or plot plan approved by the Planning Board shall be complied with prior to issuance of a certificate of occupancy.
C.
When by reason of adverse weather conditions completion of certain site improvements would cause an undue delay, a performance guarantee may be posted to ensure installation of incomplete improvements pursuant to § 600-125 and a certificate of occupancy issued.
D.
It shall be the duty of the Building Inspector to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications and the same shall form a part of the records of his office and shall be available to all officials of the Township. Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected. A fee of 5% of the building permit fee or $5, whichever is larger, shall be charged for each original certificate and $1 shall be charged for each copy thereof.
§ 600-151 Accessory buildings and structures.
[Amended by Ord. No. 9-85; Ord. No. 9-02; Ord. No. 13-04; Ord. No. 22-08]
Buildings and structures which are accessory to a principal use or building are permitted in all zones provided:
A.
Accessory buildings in the business and industrial zones shall not exceed the height regulations of the principal building. In the residential zones, no accessory building shall exceed 16 feet in height except for accessory buildings used on farms which shall not exceed 30 feet in height.
B.
Accessory buildings in the R-3 and R-4 Zones shall be at least six feet from any principal building situated on the same lot, then 10 feet from any principal building on the same lot in all other zones and at least six feet from any other accessory building.
C.
Accessory buildings on corner lots may not be erected nearer to the street than the front yard requirements on the abutting lot.
D.
Accessory buildings built within the front half of the side yard shall meet the side yard setback requirements for the principal building.
E.
Accessory buildings in residential zones built within the rear yard and the rear half of the side yard shall be no closer than five feet to any lot line, except where a rear lot line is coincidental to a side lot line, there shall be a setback of at least 20 feet.
F.
No accessory building may be located in the front yard of any lot.
G.
No accessory building may be built on any lot on which there is no principal building or structure.
H.
Utility buildings as defined in § 600-4 shall comply with all of the foregoing provisions for accessory buildings, except that they shall not be an integral part of or attached to a principal building; and, in addition, they shall comply with the following requirements:
(1)
Utility buildings shall be anchored/attached to a concrete pad or alternatively, on four concrete corner footings, each of which shall be at least 12 inches in diameter; water-resistant girders may be required to support the structure.
(2)
Utility buildings of approved construction materials shall be built in accordance with all requirements of the building code.
I.
All private swimming pools as permitted in § 600-202K shall not be located closer than 10 feet to any side or rear lot lines, shall not be located in the front yard of the premises upon which they are constructed and installed and shall not be located within the side yard otherwise required in the zone district wherein the property is located. The area of the private swimming pool shall not exceed 20% of the rear yard area of the lot upon which it is located.
J.
Property line setbacks. Accessory buildings located within residential districts shall meet the following setback requirements:
(1)
Structures built within the side yard shall meet the side yard setback requirements for the principal building within the particular zone district.
(2)
Structures built within the rear yard shall meet the following minimum setbacks:
Zone | Minimum Setback Side Yard (feet) | Minimum Setback Rear Yard (feet) |
|---|---|---|
R-1A | 20 | 20 |
R-1B | 20 | 20 |
R-1 | 15 | 15 |
R-2 | 10 | 15 |
R-2A | 10 | 15 |
R-3 | 5 | 10 |
R-4 | 5 | 10 |
(3)
Any single structure greater than 500 square feet shall meet the minimum side and rear yard setback of the particular zone district in which it is located.
(4)
Except as which may be modified by Subsection J(3), where a rear lot line is coincidental to a side lot line there shall be a minimum setback of at least: 15 feet within the R-3 and R-4 Zones; 25 feet within the R-2 and R-2A Zones, 30 feet within the R-1 Zone and 40 feet in the remaining residential zone districts.
(5)
There shall be a maximum number of two accessory and/or utility structures on lots with areas less than 81,000 square feet.
K.
Maximum lot coverage.
(1)
Within all single- and two-family residential zones, accessory building(s) and utility structure(s) shall meet the following coverage limitations:
Lot Size (square feet) | Maximum Lot Coverage |
|---|---|
Less than 7,500 square feet | Up to 6%, not to exceed 450 square feet |
7,500 square feet to 40,249 square feet | Up to 6%, not to exceed 1,000 square feet |
40,250 square feet to 80,999 square feet | Up to 3%, not to exceed 1,600 square feet |
81,000 square feet or more | Up to 2%, not to exceed 2,000 square feet |
(2)
Structures used for barns on farm-assessed lots are excluded from maximum size limitations.
L.
The use of portable storage containers in residential zone districts will be allowed on a temporary basis, subject to the following conditions:
[Added 9-14-2021 by Ord. No. 25-21]
(1)
Portable storage containers and/or similar temporary storage-type structures shall be placed on a subject property within a residential zone for no more than 15 days in a calendar year unless used in conjunction with a validly issued construction permit, in which event, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than one year (365 days) from the date of the initial permit issuance. If construction at the site has not been actively and diligently pursued for a period of 60 days, the Zoning Officer may order the removal of any portable storage container from the property.
(2)
A property owner may apply for a zoning permit to extend the fifteen-day limitation for good cause, but in no event for more than an additional 30 days.
(3)
Requests for temporary placement of a portable storage container in a public street or right-of-way must be made in advance to the Township Police Department. If approved, the container must have reflective markers and/or cones placed around it. Temporary placement is permitted for no more than 72 hours.
(4)
No portable storage container shall be placed or located in the rear and side yard setback requirements for accessory buildings in the zone district.
(5)
There shall be a limit of one portable storage container per property.
(6)
Portable storage containers shall be in a condition free from rust, peeling paint, and other forms of deterioration.
(7)
The size of a portable storage container shall not exceed 10 feet in height and 10 feet width by 20 feet in length.
(8)
The portable storage container and the area surrounding it shall be kept in a neat and clean condition.
(9)
No material, goods, wares or debris is allowed to be placed on or under the portable storage container.
(10)
Said container is to be left closed at all times except when loading or unloading.
(11)
No hazardous, toxic or dangerous material, organic waste, business inventory, commercial goods, or any personal property that is not owned by the owner or occupant of the property where the container is located, is permitted to be stored in said container. Upon reasonable notice to the construction permit holder, the Township may inspect the contents of any portable storage unit for compliance with this chapter.
§ 600-152 Continuance of nonconforming use or structure.
Any nonconforming use of structure existing on July 22, 1964, may be continued upon the lot or in the building so occupied and any such structure may be restored or repaired in the event of a partial destruction thereof. A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use. Cessation of use or failure to diligently prosecute the rebuilding of a partially destroyed building for a period of 12 consecutive months shall be deemed to be an abandonment of such nonconforming use.
A.
A structure or use of land which is nonconforming in use shall not be enlarged or extended in any manner whatsoever. A building or use of land which is nonconforming in a manner other than use may be extended or enlarged provided that the nonconformance is not further increased.
B.
Nothing in this article shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued when construction has been diligently prosecuted within six months of the date of such permit.
§ 600-153 Corner lots.
Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met. The width of a corner lot measured at the front yard setback line shall be increased over the width specified in the schedule shown on the Zoning Map by the difference in feet between the required front yard setback and the required side yard setback.
§ 600-154 Dangerous conditions.
No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety.
§ 600-155 Dwelling in rear of lots.
A building to be used as a residence shall not be constructed in the rear of or moved to the rear of a structure situated on the same lot, and a structure shall not be constructed in front of or moved to the front of a residence situated on the same lot.
§ 600-156 Existing platted lots.
[Amended by Ord. No. 10-05]
Any lot of record as of November 17, 1952, which fails to comply with the minimum lot area and frontage requirements of this article may be used for any use not prohibited in the zone in which it lies, provided that the lot was in single ownership July 22, 1964, and is still in single ownership as defined in this chapter and provided that all other requirements of this chapter are complied with.
§ 600-157 Storage of commercial vehicles and construction equipment in residential zones.
[Amended by Ord. No. 25-10]
Not more than one commercial vehicle shall be permitted to be parked and/or stored in a residential zone, provided that said vehicle must be owned or used by a resident of the premises and further provided that the commercial vehicle shall not have a rated load capacity of more than one ton. No such vehicle shall be stored in the R-1, RC or C Zones unless it is regularly garaged. This section shall also include the prohibition of construction related vehicles and equipment being stored exterior of the premises unless coincidental with related on-site construction. Construction vehicles and/or equipment must be removed within seven days from the completion of the required construction. This provision shall not be deemed to limit the number or type of commercial vehicles and/or equipment accessory to a farm.
§ 600-158 Mobile homes and travel trailers.
Notwithstanding any other provisions of this article, the parking of mobile homes and travel trailers in any zone is prohibited, except that the prohibition should not extend to one unoccupied travel trailer owned by the property owner or one travel trailer occupied by nonpaying guests of the property owner for a period not longer than two weeks in any calendar year, if parked within the yard setback requirements of the zone in which it is parked.
§ 600-159 Incongruous buildings.
No building or use which is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property shall be constructed, erected or used.
§ 600-160 Outdoor storage.
[Amended by Ord. No. 28-81; 8-16-2011 by Ord. No. 15-11]
A.
Residential zones.
(1)
In all residential zones of the Township, outdoor storage shall be prohibited. However, outdoor storage as permitted and regulated for residential zones in this section is only permitted in the side and rear yards. Seasonal farm produce grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened. Registered motor vehicles for residential use and parked on pavement or driveway area of residential lots shall not be considered outdoor storage.
(2)
Within any residential zone, no motor vehicle shall be permitted to be stored outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition, or be unregistered by not having a valid vehicle registration with the State of New Jersey Motor Vehicle Commission for the current year or same to be left on blocks or other similar devices.
B.
Business and industrial zones.
(1)
In the business and industrial zones, no article or material shall be kept, stored or displayed outside the confines of the building unless the same is so screened by special planting and fence as approved by the Planning Board so that it is not visible from any adjacent residential zone or public street. In instances where there is suitable existing plant materials, appropriate measures shall be taken to adequately protect such plant materials during construction and supplemental plantings shall be provided as necessary to achieve an effective screen. Otherwise, a planting area at least 20 feet in width shall be provided, where necessary, at the periphery of the outdoor storage area for new plantings which shall include staggered rows of evergreen trees, shrubs where appropriate and suitable ground covers.
(2)
Public garages, service stations, and new or used auto establishments. All public garages or service stations and new or used automobile sales establishments are prohibited from storing the following materials, unless said materials are located in the rear yard and are screened so that no article shall be visible from the front of the premises or to any adjacent premises: wrecked, damaged or disassembled (either whole or in part) motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof. In addition, no registered motor vehicle or boats shall be kept on these premises, whether it be on a paved or unpaved area, for more than 60 days for repair or storage. A maximum of two unregistered motor vehicles are permitted to be stored for a maximum period of 60 days on these premises with the exception of those vehicles associated with approved new and/or used automobile sales establishments. In no event shall the same registered or unregistered motor vehicle or boat be permitted to be repaired and/or stored on these premises for more than two sixty-day compliance periods over the course of one calendar year. Upon a demonstration of good cause, the Township Council shall have the discretion to grant an additional extension to the sixty-day compliance period set forth above. If permitted, the extension shall be granted by way of resolution of the Township Council.
§ 600-161 Farmer's market sales.
[Added by Ord. No. 7-10; amended 4-19-2011 by Ord. No. 7-11; 10-15-2013 by Ord. No. 20-13; 9-1-2015 by Ord. No. 17-15; 5-21-2024 by Ord. No. 12-24]
A.
Purpose. The purpose of this section is to permit and regulate the outdoor display and sale of merchandise within the Township of Denville in such a manner as to protect the public's health and safety and to ensure the integrity of the Township's land use plan and zoning regulations.
B.
Designated zones. Farmer's markets shall be permitted on Lots 14 and 22, Block 50202 within the B-1 and B-2 Zone Districts and such other locations in the B-1 and B-2 Zone Districts as may be designated by the appropriate municipal official, provided that at least 10 days' written notice is given to the sponsor of the farmer's market to relocate the farmer's market for a given weekend.
C.
Permit required.
(1)
Zoning permit.
(a)
No property shall be utilized for a farmer's market as defined herein without the issuance of a farmer's market permit to the sponsor of the market from the Township's Zoning Officer in accordance with the provisions of this chapter.
(b)
No person, persons, firm or corporation shall participate as a vendor in a farmer's market without first obtaining a permit from the Township's Zoning Officer.
(c)
The fee for the farmer's market sponsor permit shall be $50. The fee for the farmer's market vendor permit shall be $50.
(2)
Health licenses and other licenses/permits.
(a)
No person, persons, firm or corporation shall operate a farmer's market without first obtaining a farmer's market blanket license from the Township's Health Department.
(b)
No person, persons, firm or corporation shall serve or offer food at a farmer's market without having obtained a farmer's market vendor's license from the Township Health Department. A farmer's market vendor's license shall be required for each stand, kiosk or similar appurtenance from which food is served regardless of whether there is a charge to the public.
(d)
In accordance with N.J.S.A. 33:1-98, the Director of the Division of Alcoholic Beverage Control may, in accordance with regulations or a special rulings, issue to the holder of a limited brewery license, restricted brewery license, craft distillery license, plenary winery license, farm winery license, or cidery and meadery license, as established pursuant to N.J.S.A. 33:1-10, a daily or annual permit to sell any of the licensee's products in original containers at a seasonal farm market for consumption off of the premises of the seasonal farm market. The licensee shall obtain a separate permit for each seasonal farm market at which the licensee intends to sell its products. Subject to regulation or special ruling, a licensee issued a permit pursuant to N.J.S.A. 33:1-98 may: (1) transport the licensee's products in original containers for the purpose of selling them at a seasonal farm market; and (2) offer samples for sampling purposes to persons of the legal age to consume alcoholic beverages in the amounts authorized pursuant to N.J.S.A. 33:1-10 during each day the seasonal farm market is operating. Applications must be submitted exclusively through the POSSE ABC Online Licensing System and will be reviewed by the Township Clerk and Police Chief or designee. Permit holders shall follow all permit requirements set forth in N.J.S.A. 33:1-1 et seq. and applicable ABC regulations and special rulings.
(3)
Each permit and license shall expire on December 31 of the calendar year in which it is issued.
(4)
The sponsor of the farmer's market shall be responsible to secure the farmer's market permit and license required pursuant to Subsection C(1)(a) and (2)(a) above and to verify that permits and licenses required pursuant to Subsection C(1)(b), (2)(b) and (d) have been obtained by all vendors participating in the event, as applicable. A copy of all wine festival or daily or annual seasonal farm market permits must be submitted to the Township Clerk prior to each farmer's market at which a wine vendor will be participating. Not more than four permit holders may offer samples and sales at any single farmer's market.
(5)
Farmer's market uses shall be limited to the following vendor categories:
(a)
Farmer. A person who raises produce, plants, botanicals or animals on the land such person owns, leases or rents. Also includes a person who processes produce, fruit, berries, botanicals, meats, eggs, dairy, honey, etc., which is grown, raised or harvested on property that such person owns, leases or rents, and then turned into value added product(s) such as jam, cider, maple syrup, cheese, baked goods, essential oils, etc.
(b)
Processor. A person who sells foods that such person has personally prepared or processed on property that such person owns, leases or rents. Processors are persons offering fresh food products that have added value to their products through "hand on" processing.
(c)
Prepared food. Prepared food vendors offer freshly made foods available for sale and immediate consumption on-site. All food is prepared on property owned, leased or rented by the vendor. Prepared food vendors using local ingredients are preferred.
(d)
Non-food grower and processor. A person who prepares natural products, such as essential oils, cosmetics, pet foods, soaps, etc., that they have personally prepared or processed to support a healthy lifestyle on property that they own, lease or rent.
(6)
All vendors are prohibited from reselling products that are not produced, prepared or processed on property that they own, rent or lease.
(7)
All vendors and their products must be approved by the sponsor before a vendor permit may issue.
(8)
In addition to licensed vendors, (1) one restaurant shall be permitted each week to provide menu samples and sales; (2) one nonprofit organization having I.R.C. Section 501(c)(3) tax-exempt status shall be permitted each week to distribute information to the public regarding the organization and to solicit members and, if desired, to obtain signatures for petitions; and any civic or local not-for-profit organization shall be permitted once a month to sell goods The vendor permit fee required under Subsection C(1)(c) above shall not apply to the restaurant and nonprofit organization selling items one time per calendar year as provided in this section. However, all required Health Department license fees shall continue to be paid by each respective vendor.
D.
Submission requirements.
(1)
The sponsor of the farmer's market shall be required to submit a map order and/or diagram indicating the location of the proposed vendor display standards.
(2)
A certificate of insurance indicating that the sponsor of the farmer's market and each vendor has public liability insurance in the amount of at least $1,000,000 and naming the Township as an additional insured shall be provided for the sponsor and for each vendor at least 10 days prior to the date of the market in which the vendor is participating. A new certificate of insurance for the market sponsor and each vendor shall be submitted prior to the expiration date of the liability policy indicating renewal of the policy. A vendor who does not provide a current certificate of insurance may not participate in a farmer's market.
(3)
Site plan approval is not required for farmer's market uses as defined herein.
E.
Days and hours of operation. Functions authorized by the farmer's market permit shall be limited to Sundays only and to the hours between 7:00 a.m. and 4:00 p.m. inclusive of setup and breakdown time.
F.
Standards. Farmer's market activity shall adhere to the following standards:
(1)
Sponsor shall abide by any and all provisions of this section as well as conditions that may be attached to the permit by the Police, Health and Planning Departments to ensure the public's health, safety and welfare.
(2)
No structures, tables, stalls or other appurtenances shall obstruct a sidewalk or emergency access lane.
(3)
Solid waste removal. It shall be the responsibility of each vendor and the sponsor to arrange for the removal of any solid waste generated.
(5)
The sponsor shall contact the Township Police Department for a determination as to whether inclement weather conditions exist that require cancellation of the market and shall abide by the decision of the Police Department.
(6)
Wine samplings. The following requirements, of which Subsection F(6)(a) through (e) are pursuant to the State Sanitary Code, shall apply to all vendors offering wine samplings:
(a)
Single-service disposable cups may only be used to serve wine or any other beverage.
(b)
Single-service disposable cups must be protected from contamination during handling, display or storage.
(c)
The wine and any other beverage may only be served by a farmer's market vendor/employee. Self-service, wherein patrons serve their own beverages, is prohibited.
(d)
A waste receptacle must be provided for disposal of single-service cups.
(e)
A means of handwashing must be readily available to the vendor/employee providing wine samplings.
(f)
A fetal alcohol syndrome notice from the Township Health Department must be conspicuously posted at the point that the alcohol sample is being served and at the point of sale of any permitted alcohol in sealed, original containers.
(g)
The holder of a daily or annual seasonal farm market permit issued pursuant to N.J.S.A. 33:1-98 authorizes the licensee to sell for a nominal charge or make a gratuitous offer of an open container of the products produced by the licensee in the following amounts: (1) for a limited brewery, restricted brewery, and cidery and meadery licensee, an amount not exceeding four, three-ounce samples; (2) for a plenary and farm winery licensee, an amount not exceeding four, one-and-one-half-ounce samples; and (3) for craft distillery licensees, an amount not exceeding three, one-half-ounce samples.
(h)
Samples may not be offered to or allowed to be consumed by any minor or intoxicated person.
H.
Exemptions. Farmer's market use as described herein shall be exempted from the provisions of § 600-160 regarding outdoor storage.
I.
Appeals. Where there is a dispute regarding a decision by the Township's Administrative Officer or Zoning Officer as to whether an activity qualifies for a permit under this section, the matter shall be referred to the Denville Township Zoning Board of Adjustment for a determination pursuant to N.J.S.A. 40:55D-70a.
§ 600-162 Principal building.
[Amended by Ord. No. 19-88; Ord. No. 4-90;Ord. No. 10-90; Ord. No. 36-99;Ord. No. 2-01; Ord. No. 18-01; Ord. No. 27-01; Ord. No. 12-02]
No lot shall contain more than one principal building, provided, however, that more than one principal building will be permitted in the B-2A, I-1, I-2, AH, T-1, T-3, T-4, PARC and OB-4 Zones if they conform to all of the following requirements:
A.
No lot upon which a residential structure exists shall be permitted a second principal use except as otherwise permitted in Article XXX.
B.
No lot upon which more than one principal building is located shall be less than five acres, except in the T-3 Zone for any lot to be developed for low and moderate-income housing.
C.
In the B-2A Zone, no such lot shall have a principal highway frontage of less than 400 feet.
D.
A principal building as permitted shall not be closer to another principal building than 40 feet in the B-2A and OB-4 Zones nor 60 feet in the I-1 and I-2 Zones.
E.
Plans for all internal improvements, including, but not limited to access drives, storm drainage, water and sanitary sewer services shall be submitted for the entire development as part of the original site plan application. Primary access drives and related storm drainage, water, sanitary sewer and other service facilities essential to the viability of the overall project as determined by the Planning Board shall be installed prior to the issuance of a certificate of occupancy for any part thereof. Any change to the original site plan shall be subject to the approval of the Planning Board.
F.
No structure or uses shall be located closer to the front, side or rear lot lines than the minimum distances required by its zone district.
G.
Any subsequent subdivision of such multiple use development shall take place only in compliance with all the provisions of this and other Township ordinances on the basis of one principal use on a lot, with provision for all required area, frontage and setback requirements.
H.
Any development within the AH Affordable Housing Zone or within the T-1, T-3, T-4 or PARC Zones requiring more than one principal building on the original parcel or lot shall be subject to all of the rules and regulations established in Articles XLV, XLVI, XLVII, XLVIII and XLIX, respectively, herein.
§ 600-163 Required area or space.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this article. If already less than the minimum required under this article, the area or dimension shall not be further reduced. No area or space or parking facility approved by the Planning Board, Board of Adjustment or Township Council shall be changed or reduced without the approval of the body.
§ 600-164 Subdivision of lot.
When a new lot or lots are formed from part of a parcel of land, the subdivision must be effected in such a manner as not to impair any of the provisions of this article.
§ 600-165 Traffic visibility across corner lots.
[Amended by Ord. No. 08-06]
On any corner lot in any residential district, no fence, structure or planting over 30 inches in height above the roadway shall be erected or maintained within 20 feet from the curbline where one has been established and where there is no curbline, then 20 feet from the nearest side line of any hard surfaced road, street or highway, so as to interfere with traffic visibility across the corner.[1]
[1]
Editor's Note: Former Section 19-5.719, Transition lots, which previously followed this section, was repealed by Ord. No. 18-91.
§ 600-166 Walls and fences.
[Amended 4-5-2011 by Ord. No. 5-11]
A.
Walls and fences are permitted in the required yards of all zones, provided they are not higher than four feet. In all residential zones, fences not higher than six feet are permitted in the side and rear yards, provided they are not more than 10% solid. Fences more than 10% solid are permitted only in the rear yards of residential zones, provided they do not exceed six feet in height.
B.
In the business and industrial zones, fences or walls not exceeding seven feet in height shall be permitted in the side and rear yard. A fence or wall used for screening, if required by the Planning Board, may be higher.
C.
In all zones, any fence facing on a public street or property line shall have the front (finished) surface exposed to said street or property line.
§ 600-167 Yards.
[Amended by Ord. No. 19-88; Ord. No. 16-07]
A.
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon an improved public or private street or right-of-way.
B.
Lake community roadways (LCR roadways). The following roadways are hereby designated as LCR roadways and are subject to the modified front yard setback as defined in § 600-4:
Cedar Lake |
|---|
Bald Knob |
Cedar Lake East |
Cedar Lake North |
Cedar Lake Road |
Cedar Lake West |
Cypress Drive |
Florence Drive |
Hardman Terrace |
Hillcrest Drive |
Larsens Drive |
Oak Avenue |
Overlook Avenue |
Pine Lane |
Rockway Avenue |
Seymour Road |
Spring Road |
Vans Drive |
Watchtower Road |
Wildwood Terrace |
Woodland Road |
Indian Lake/Bay of Sunset Water |
|---|
Algonquin Trail |
Base Road |
Beechwood Trail |
Cherokee Trail |
Cherry Trail |
Chestnut Hill Drive East |
Chestnut Hill Drive West |
Cliffside Trail |
Comanche Trail |
Deleware Trail |
East Shore Road |
Fernwood Trail |
Filbert Trail |
Forest Trail |
Guterl Place |
Highland Trail |
Hilltop Trail |
Huron Place |
Hussa Place |
Indian Spring Trail |
Iroquois Trail |
Lakeview Trail |
Landing Trail |
Laurel Trail |
Lenape Trail |
Locust Trail |
Longview Trail |
Longview Trail |
Merrie Trail |
Mohawk Trail |
Mountain Trail |
North Shore Road |
Orange Trail |
Riekens Trail |
Seneca Trail |
Seminole Trail |
Shawger Road |
Shawnee Trail |
Sioux Trail |
South Shore Road |
Sunset Trail |
Warren Trail |
West Shore Road |
White Birch Trail |
Whitten Place |
Lake Arrowhead/Great Bay |
|---|
Basswood Drive |
Elm Street |
Garwood Trail |
Hornbeck Road |
Ironwood Trail |
Lakewood Drive |
Maywood Avenue |
Mosswood Trail |
Oak Street |
Ridgewood Parkway |
East Ridgewood Parkway |
Walnut Street |
Woodland Avenue |
C.
Projections into yards. The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
[Added 6-26-2018 by Ord. No. 15-18]
(1)
Architectural features such as bay windows, cornices, eaves, window sills or other architectural features, provided that said feature does not project more than 24 inches.
§ 600-168 Boat storage.
Notwithstanding any other provisions of this article, the parking of boats in any residential district is prohibited, except that the prohibition should not extend to one boat not to exceed 30 feet in length if kept on a trailer or other support and owned by the property owner, when placed within the yard setback requirements of the zone in which it is parked.
§ 600-169 Design of residential structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No one- or two-family residential buildings or structures shall hereafter be erected, extended, enlarged or altered in any residence district which shall be like or substantially like any building or structure on a lot adjoining on the same side of the street or a lot, any part of the street line frontage of which is across the street from the lot, then in existence or for which a building permit has been issued and is then outstanding, or which is included in the same building permit application, in more than three of the following five respects:
A.
The same basic roof design in height or style.
B.
The same front elevation in terms of building materials.
C.
The same front elevation in terms of location, height and design of porches, if any.
D.
The same front elevation in terms of location and design of attached garage.
E.
The same basic plan without substantial differentiation in setback elements of the plan. (A setback with a difference of four feet or more is not considered the same.)
§ 600-170 Flood hazard areas.
[Amended by Ord. No. 18-78; Ord. No. 20-78; Ord. No. 14-85; Ord. No. 16-88; Ord. No. 16-91; Ord. No. 14-98; 9-20-2016 by Ord. No. 11-16; 7-14-2020 by Ord. No. 08-20; 5-17-2022 by Ord. No. 06-22; 12-17-2024 by Ord. No. 20-24]
A.
Scope and administration.
(1)
Title. This section, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Township of Denville" (hereinafter "this section").
(2)
Scope. This section, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in Subsection B of this section.
(3)
Purposes and objectives. The purposes and objectives of this section are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels and shorelines.
(d)
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with flooding.
(j)
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
(4)
Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Denville administer and enforce the state building codes, the Municipal Council of Township of Denville does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this section are intended to be administered and enforced in conjunction with the Uniform Construction Code.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with Subsection C(14), Substantial improvement and substantial damage determinations.
(6)
Warning. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this section does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
(7)
Other laws. The provisions of this section shall not be deemed to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance.
(a)
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
(b)
Each day in which a violation of this section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine, except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(c)
Any person who is convicted of violating this section within one year of the date of a previous violation of the same section and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the section but shall be calculated separately from the fine imposed for the violation of the section.
(8.1)
Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
(9)
Abrogation and greater restrictions. This section supersedes any ordinance in effect in flood hazard areas. However, this section is not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between this section and any other ordinance, code, or regulation, the more restrictive shall govern.
B.
Applicability.
(1)
General. This section, in conjunction with the Uniform Construction Code, provides minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
(2)
Establishment of flood hazard areas.
(a)
The Township of Denville was accepted for participation in the National Flood Insurance Program on June 25, 1971.
(b)
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Office of the Township Clerk, Township of Denville Municipal Building, 1 Saint Mary's Place, Denville, NJ 07834.
(c)
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
[1]
Effective flood insurance study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Township of Denville Morris County, New Jersey (All Jurisdictions)," dated April 17, 1985, and the accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Maps identified in Table 102.2(1), whose top-level document (appendix map) effective date is April 17, 1985, are hereby adopted by reference.
Table 102.2(1) | |||||
|---|---|---|---|---|---|
Map Panel # | Effective Date | Suffix | Map Panel # | Effective Date | Suffix |
345292IND0 | 4-17-1985 | 3452920006 | 4-17-1985 | B | |
345292FND0 | 4-17-1985 | 3452920001 | 4-17-1985 | ||
3452920001 | 4-17-1985 | B | 3452920002 | 4-17-1985 | |
3452920002 | 4-17-1985 | B | 3452920004 | 4-17-1985 | |
3452920004 | 4-17-1985 | B | 3452920005 | 4-17-1985 | |
3452920005 | 4-17-1985 | B | 3452920006 | 4-17-1985 | |
[2]
Federal best available information. The Township of Denville shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional federal best available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2) | |
|---|---|
Map Panel # | Preliminary Date |
34027C0142F | 9-28-2023 |
34027C0161F | 9-28-2023 |
34027C0162F | 9-28-2023 |
34027C0144F | 9-28-2023 |
34027C0163F | 9-28-2023 |
34027C0164F | 9-28-2023 |
34027C0282F | 9-28-2023 |
34027C0301F | 9-28-2023 |
34027C0283F | 9-28-2023 |
34027C0284F | 9-28-2023 |
34027C0281F | 9-28-2023 |
[3]
Other best available data. The Township of Denville shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Denville. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(2)(c)[1] and [2], above. This information shall be used for floodplain regulation purposes only.
[4]
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in Subsection I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3) List of State Studied Waters | ||
|---|---|---|
Name of Studied Water | File Name | Map Number |
Beaver Brook | R0000060 | Plate 1 |
Beaver Brook | R0000061 | Plate 2 |
Beaver Brook | R0000062 | Plate 3 |
Den Brook | R0000063 | Plate 1 |
Den Brook | R0000064 | Plate 2 |
Den Brook | R0000065 | Plate 3 |
Den Brook | R0000066 | Plate 4 |
Rockaway River | R0000006 | D-18 |
Rockaway River | R0000007 | E-16 |
Rockaway River | R0000008 | E-17 |
Rockaway River | R0000009 | E-18 |
Rockaway River | R0000010 | F-16 |
Rockaway River | R0000011 | G-16 |
Rockaway River | R0000012 | G-17 |
Rockaway River | R0000013 | H-15 |
Rockaway River | R0000015 | H-16 |
Rockaway River | R0000016 | H-17 |
Rockaway River | R0000017 | I-15 |
Rockaway River | R0000018 | I-16 |
Rockaway River | R0000057p | 3 |
Rockaway Tributary #1 | R0000014 | Plate 1 |
(3)
Establishing the local design flood elevation (LDFE).
(a)
The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Subsection B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this section.
(b)
At a minimum, the local design flood elevation shall be as follows:
[1]
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Subsection B(2), above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
[2]
For any undelineated watercourse (where mapping or studies described in Subsection B(1) and (2) above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[a]
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
[b]
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Subsection E(2) and (3).
[3]
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus three feet of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
[4]
Class IV critical facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
[5]
Class III critical facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
C.
Duties and powers of the Floodplain Administrator.
(1)
Floodplain Administrator designation. The Municipal Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
(2)
General. The Floodplain Administrator is authorized and directed to administer the provisions of this section. The Floodplain Administrator shall have the authority to render interpretations of this section consistent with the intent and purpose of this section and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this section and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection G of this section.
(3)
Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Subsection B of this section.
(b)
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(c)
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained or developed.
(e)
Review required certifications and documentation specified by this section and the building code to determine that such certifications and documentations are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection C(14) of this section.
(g)
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(h)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to Subsection G of this section.
(i)
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(j)
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
(k)
Inspect development in accordance with Subsection F of this section and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Subsection G of this section.
(n)
Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Denville have been modified.
(5)
Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
(6)
Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
(7)
Determination of local design flood elevations.
(a)
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
[1]
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
[2]
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
(b)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to Subsection C(15).
(8)
Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44, Code of Federal Regulations, Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
(9)
Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.
(10)
Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
(10.1)
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
(11)
Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
(11.1)
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
(12)
Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
(13)
Development in riparian zones. All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this section. The width of the riparian zone can range between 50 feet and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
(14)
Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
(a)
Estimate the market value or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Subsection A(5), performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
(d)
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(e)
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the building code is required and notify the applicant in writing when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
(15)
Department records. In addition to the requirements of the building code and this section, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this section and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and this section including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this section and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.
(16)
Liability. The Floodplain Administrator and any employee charged with the enforcement of this section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this section.
D.
Permits.
(1)
Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
(2)
Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
(c)
Indicate the use and occupancy for which the proposed development is intended.
(d)
Be accompanied by a site plan and construction documents as specified in Subsection E of this section, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized agent.
(3)
Validity of permit. The issuance of a permit under this section or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this section or other ordinances of this jurisdiction.
(4)
Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
(5)
Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under this section wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas.
(a)
The site plan or construction documents for any development subject to the requirements of this section shall be drawn to scale and shall include, as applicable to the proposed development:
[1]
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
[2]
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Subsection E(2).
[3]
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Subsection E(2)(c) of this section.
[4]
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
[5]
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
[6]
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
[7]
Extent of any proposed alteration of sand dunes.
[8]
Existing and proposed alignment of any proposed alteration of a watercourse.
[9]
Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.
[10]
Exemptions. Elevating a structure, as defined in this section, is conditioned upon the following:
[a]
The home is not a historic structure.
[b]
The single-family home is a permitted use within the zone in which it is located.
[c]
The foundation is in the same location.
[d]
The height requested is the lowest required to achieve the lowest floor to be local design flood elevation (LDFE) but in no case higher than 38.5 feet in height.
[e]
Appliances and equipment, including ductwork, are elevated to or above LDFE.
[f]
Utility service, equipment and/or fuel tanks are elevated to or above LDFE.
[h]
Alternations and additions.
[i]
Alterations to the main structure are permitted so long as alternations are conforming to zoning standards or reduce any non-conformity.
[ii]
Additions to the structure must comply with all bulk requirements.
[iii]
Stairs may project into the minimum front-yard setback so long as the projection is less then 10% of the minimum front-yard setback requirements.
(b)
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this section but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
(2)
Information in flood hazard areas without base flood elevations (approximate Zone A).
(a)
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
[1]
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
[2]
Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
[3]
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
(b)
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
(3)
Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
(a)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Subsection E(4) of this section and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
(b)
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(c)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Subsection E(4) of this section. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(d)
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
(4)
Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
F.
Inspections.
(1)
General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this section or the building code. Inspections presuming to give authority to violate or cancel the provisions of this section or the building code or other ordinances shall not be valid.
(2)
Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under this section. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
(3)
Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
(a)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.
(b)
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.
G.
Variances.
(1)
General. The Zoning Board of Adjustment shall hear and decide requests for variances. The Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G(5), the conditions of issuance set forth in Subsection G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Zoning Board of Adjustment has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this section.
(2)
Historic structures. A variance to the substantial improvement requirements of this section is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3)
Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
(4)
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection E(3)(a) of this section.
(5)
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of this section, and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
(d)
The importance of the services provided by the proposed development to the community.
(e)
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
(f)
The compatibility of the proposed development with existing and anticipated development.
(g)
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(h)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(i)
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
(j)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this section or renders the elevation standards of the building code inappropriate.
(b)
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(d)
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e)
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
H.
Violations.
(1)
Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
(2)
Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by this section and that is determined to be a violation.
(3)
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5, as appropriate.
(4)
Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
I.
Definitions.
(1)
General. The following words and terms shall, for the purposes of this section, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
(2) 100-YEAR FLOOD ELEVATION 500-YEAR FLOOD ELEVATION A ZONES AH ZONES AO ZONES ACCESSORY STRUCTURE AGRICULTURAL STRUCTURE ALTERATION OF A WATERCOURSE AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD ASCE 7 ASCE 24 BASE FLOOD ELEVATION (BFE) BASEMENT BEST AVAILABLE FLOOD HAZARD DATA BEST AVAILABLE FLOOD HAZARD DATA AREA BEST AVAILABLE FLOOD HAZARD DATA ELEVATION BREAKAWAY WALLS BUILDING CONDITIONAL LETTER OF MAP REVISION CONDITIONAL LETTER OF MAP REVISION - FILL CRITICAL BUILDING(a) (b) DEVELOPMENT DRY FLOODPROOFING ELEVATED BUILDING ELEVATION CERTIFICATE ENCROACHMENT FEMA PUBLICATIONS FLOOD HAZARD AREA DESIGN FLOOD ELEVATION FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING(a) [1] [2] [3] (b) FLOODPLAIN MANAGEMENT REGULATIONS FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODPROOFING CERTIFICATE FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE HABITABLE BUILDING HARDSHIP HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(a) (b) (c) (d) LAWFULLY EXISTING(a) (b)
LETTER OF MAP AMENDMENT LETTER OF MAP CHANGE LETTER OF MAP REVISION LETTER OF MAP REVISION - FILL LICENSED DESIGN PROFESSIONAL LICENSED PROFESSIONAL ENGINEER LOCAL DESIGN FLOOD ELEVATION (LDFE) LOWEST ADJACENT GRADE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MARKET VALUE NEW CONSTRUCTION NON-RESIDENTIAL ORDINARY MAINTENANCE AND MINOR WORK RECREATIONAL VEHICLE RESIDENTIAL(a) (b) (c) SOLID WASTE DISPOSAL SPECIAL FLOOD HAZARD AREA(a) (b) (c) (d) START OF CONSTRUCTION(a) [1] [2] (b) (c) (d) STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(a) (b) THIRTY-DAY PERIOD UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES VARIANCE VIOLATION WATER SURFACE ELEVATION WATERCOURSE WET FLOODPROOFING
Definitions.
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year, which is also referred to as the "base flood elevation."
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See "special flood hazard area."
The standard for the minimum design loads for buildings and other structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA, which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to "ASCE 24" shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
Any area of the building having its floor subgrade (below ground level) on all sides.
The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to advisory flood hazard area maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to advisory flood hazard area maps, work maps, or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that: (1) it allows the free passage of floodwaters; and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted-living facility, or nursing home.
Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 - 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (a)[2] of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (a)[1] of this definition.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from any source. See "flood or flooding."
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
As related to Subsection G of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Zoning Board of Adjustment requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA. |
A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on an Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision-fill, letters of map revision, letters of map revision-fill, and letters of map amendment are requested through the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of map revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
Licensed design professional shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to advisory flood hazard area maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act[1] and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones, where it is the natural grade elevation.
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of this section.
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) actual cash value (replacement cost depreciated for age and quality of construction); (2) tax assessment value adjusted to approximate market value by a factor provided by the tax assessor's office; or (3) established by a qualified independent appraiser.
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis.
Structures, including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted-living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
Shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
The greater of the following:
Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3, A, AO, A1-30, AE, A99, or AH;
Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
Riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13.
Also referred to as the "area of special flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the "start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this section has been issued.
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with this section or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.
J.
Subdivisions and other developments.
(1)
General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
(2)
Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(a)
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
(b)
Residential building lots shall be provided with adequate buildable area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in this section and appropriate codes shall be met.
K.
Site improvement.
(1)
Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection E(3)(a) of this section, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(2)
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
(3)
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
(4)
Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
(5)
Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
(6)
Limitations on placement of fill. Subject to the limitations of this section, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
(7)
Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.
L.
Manufactured homes.
(1)
General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
(2)
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection O(2).
(3)
Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301 (c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood-resistant design and construction.
(4)
Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection O(2) of this section.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Subsection O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
N.
Tanks.
(1)
Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this section or the Uniform Construction Code (N.J.A.C. 5:23), shall:
(a)
Be located and constructed to minimize flood damage.
(b)
Meet the limitations of Subsection E(3)(a) of this section when located in a regulated floodway.
(c)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to Subsection B(3).
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection B(3) or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(f)
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(a)
Construction and elevation in A Zones not including Coastal A Zones.
[1]
No portion of a building is located within a V Zone.
[2]
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
[3]
All new construction and substantial improvement of any habitable building (as defined in Subsection I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of non-residential structures shall:
[a]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:
[ii]
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
[5]
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
[a]
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited.
[b]
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Subsection O(2)(a)[4][b] are met.
[d]
Have openings documented on an elevation certificate; and
[e]
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[ii]
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.
[iii]
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
(3)
Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
(4)
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection E(3)(a) of this section. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E(3)(a) of this section and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E(3)(a) of this section. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(a)
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.
(b)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Subsection E(3)(a) of this section.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
(2)
Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
Q.
Utility and Miscellaneous Group U.
(1)
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
(2)
Flood loads. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Subsection B(3).
(3)
Elevation. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection B(3).
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).
§ 600-171 Lot frontage.
[Added by Ord. No. 13-96]
Where a property borders on more than one street (i.e., corner or through lot) the determination of the lot's frontage shall be at the option of the owner or developer and shall be so designated on all maps and official records. For purposes of determining compliance with zone standards, only the designated frontage shall be considered as frontage. All driveway and utility connections shall be from this designated frontage, except for corner lots with two conforming frontages which may utilize either frontage for driveway and utility connections. The remaining street right-of-way lines shall be considered lot lines. Nothing in this section is intended to in any way modify the definition of front yard.
§ 600-172 Recycling and solid waste containers.
[Added by Ord. No. 14-98]
A.
Each application for development, other than one and two family homes, shall provide for the temporary storage of recycling materials and solid waste. If this temporary storage is to take place outside the confines of a building, the enclosure must be six feet high and of a design that will screen the containers from view. The containers and their enclosures shall be located outside any required buffer area.
B.
All such recycling and solid waste temporary storage areas shall be of sufficient size to accommodate the waste flow typically generated by the land use activity it is serving. All such enclosures shall have a concrete floor no less than four inches thick.
C.
All recycling and solid waste containers, whether empty or full, shall remain at all times within the enclosure. It is a violation of this chapter if these containers are outside the enclosure except when being unloaded into a truck for transport to an approved recycling center or solid waste facility.
§ 600-173 Visual compatibility requirements for the installation of wireless telecommunications antennas and towers.
[Added by Ord. No. 3-99]
A.
Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
(1)
Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 20 feet.
(2)
The equipment building shall be situated within a solid wooden fence at least seven feet and no more than eight feet high as approved by the Township Engineer which shall include a locking security gate.
(3)
An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays provided it is:
(a)
Situated to ensure that historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities. To the greatest extent possible, equipment compounds should be situated behind existing structures, building or terrain features which will shield the compound from public view; or
(b)
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent.
(4)
Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.
C.
Preexisting towers. Wireless telecommunication towers in existence on the date of the adoption of this section (nonconforming wireless telecommunication towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunication towers may continue in use for the purpose now used, but may not be expanded without complying with this section.
(2)
Nonconforming wireless telecommunication towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than partial, then repair or restoration will require compliance with this section.
(3)
The owner of any nonconforming wireless telecommunication towers may repair, rebuild and/or upgrade (but not expand such wireless telecommunication towers or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.
§ 600-174 New private or public roadways; setback requirements.
[Added by Ord. No. 8-2000]
When application is made to construct a new private or public roadway, the minimum distance from the subject property side line to the proposed near side right-of-way line, or edge of pavement in the case of a private roadway, shall not be less than the required front yard setback requirement imposed by ordinance on the adjacent property.
§ 600-175 Development within critical environmental steep-slope areas.
[Added by Ord. No. 17-05]
A.
Statement of purpose.
(1)
It is the purpose of this section to establish regulations for development within critical areas of steep slopes and to prevent inappropriate development in areas of excessive slopes.
(2)
These special development controls are provided in recognition of the potentially negative impacts associated with the removal of vegetative cover, the disturbance of the soil by excavation or fill, and the construction of buildings, structures, roadways and associated site disturbances within these areas of steep slopes in the Township of Denville which will cause an increase of surface water runoff, soil erosion and siltation, with the resultant pollution of streams as well as the potential danger of flooding and water damage and thereby having the potential of endangering public and private property and life.
(3)
Development on the slopes can create additional hazards to the lives and property of those having structures on the slopes and below them.
(4)
The most appropriate method of alleviating such conditions is through the regulation of the removal of such vegetation and soil disturbance, construction and development.
(5)
It is determined that the special and immediate public interest in these slopes justifies the regulation of property located thereon as provided in this section which is the exercise of the police power of the Township for the protection of persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
(6)
It is not the purpose of this section to establish densities but rather to control development within appropriate areas.
B.
Applicability.
(1)
All applications for development as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., except for activities set forth in Subsection B(2) below shall be required to prepare a steep slope map and comply with the restrictions outlined in this section. Approval of the steep slope map shall be granted by the appropriate board as part of a development application and/or prior to the disturbance of any area of steep or excessive slopes.
(2)
Prior to the issuance of a building permit for a detached one- or two-dwelling unit building on a single lot containing steep or excessive slopes, or prior to the disturbance of any soil or vegetation on a single lot containing steep or excessive slopes on which a detached one- or two-dwelling unit building is located (except for regrading and landscaping), a steep slope map shall be submitted to the Planning Board for its review and recommendation to the construction official. If a variance from the provisions of this § 600-175 is requested by the applicant in connection with a single lot on which a detached one- or two-dwelling unit building is located or proposed to be constructed, the Construction Official or Zoning Officer, as the case may be, shall refer the application directly to the Zoning Board of Adjustment.
C. DEVELOPMENT AREA EXCESSIVE SLOPE MINOR TOPOGRAPHIC VARIATION STEEP SLOPE
Definitions. For the purpose of this section, certain terms are defined and shall be construed as follows:
That part of the permitted building envelope which is intended to be used for a structure and is so designated for soil disturbance necessary for the development of the lot.
Any slope which has a grade of 25% or more.
That slopes of 25% or more shall not occur in more than 10% of any area of the lot.
Any slope which has a grade greater than or equal to 15% but less than 25%.
D.
Steep slope map details. A steep slope map shall include the following information:
(1)
A plan shall be drawn by a licensed professional engineer at a scale of not less than one inch equals 30 feet.
(2)
Existing and proposed grades represented by contours at two-foot intervals when grades are below 30%, at five-foot intervals when grades are 30% or more, and by spot elevations when flatness of the plot makes the use of contours impractical. Existing contours shall be shown for a distance of 25 feet beyond the plot limits.
(3)
Slope classification map indicating existing grade categories as follows: 0% to 14.99%; 15% to 19.99%; 20% to 24.99%; 25% to 29.99%; and slopes 30% or more. A table indicating the degree of slope disturbance, pursuant to Subsection E of this section shall be provided.
(4)
Existing and proposed elevations at all plot corners, building corners, centers of swales, disposal bed corners, and at the locations of all changes in direction of stormwater flow.
(5)
Proposed elevations at changes in grade of driveways and walks, as well as the proposed and existing curb, sidewalk, and road elevations at the plot corners and at changes in grades.
(6)
Location and details of swales; and other means for the disposition of all stormwater.
(7)
The location of the proposed dwelling, including the location of the garage, all overhangs, the number of stories of the dwelling, and the proposed elevation of all floors, cellar and garage and all setback distances.
(8)
The location of proposed pedestrian and vehicular facilities, including walks, roads, drives or parking areas with both vertical and horizontal alignments property dimensioned.
(9)
Type and width of existing pavement and width of right-of-way, on road on which plot fronts.
(10)
Metes and bounds of all property lines, monumentation at all property corners and location of any existing fences, hedges, etc., along the property lines.
(11)
A soil erosion and sediment control plan.
(12)
Drainage study as applicable or required by the Planning Board and/or the Township Engineer.
(13)
Location of all buildings on adjoining lots within 200 feet.
(14)
The proposed elevations of the levels of land above and below retaining walls as well as top of wall elevations.
(15)
The location of all existing and proposed landscaping, including trees having a diameter of three inches or greater as measured at a point one foot above the ground, shrubs and ground covers with type and size of trees or shrubs and specifications for ground covers.
(16)
The disposition and extent of topsoil to be removed or backfilled.
(17)
The disposition and extent of all other soil to be removed and backfilled.
(18)
The plans and specifications for any proposed retaining walls, steps, fences or other protective structures.
E.
Steep slope map review procedures.
(1)
The procedures applicable to the review of subdivisions, site plans and variance applications shall apply to the review of steep slope maps in connection with site plan and subdivision applications.
(2)
For all other applications for review of steep slope maps, including applications pursuant to Subsection B(2), the following procedures shall apply:
(a)
Fourteen copies of all steep slope maps shall be submitted 21 days prior to the regular Board meeting at which they are to be considered, together with an application and a fee of $40 per lot.
(b)
Copies of the steep slope map shall be forwarded to the Denville Environmental Commission and the Morris County Soil Conservation District for their review and recommendations and no action shall be taken on said application for a period of 30 days or until reports are received from these agencies, whichever is sooner.
(c)
Copies of the application and steep slope map shall be forwarded for review and recommendation to certain Township personnel and other experts as may be deemed appropriate by the Board hearing the application. Such reports shall be submitted to the appropriate Board within 30 days of the date of application.
(3)
Notice of an application for steep slope map review and approval shall not be required unless notice would otherwise be required pursuant to the Municipal Land Use Law.
F.
Development regulations. Within any area of steep or excessive slopes, no soil or vegetation shall be disturbed nor shall any building or structure be erected, constructed or substantially enlarged or lot created unless and until it can be demonstrated by information, plans and studies furnished by the applicant that the following requirements can be met:
(1)
Construction control limitations. Disturbance of steep slopes shall be limited to the following based on the indicated slope classifications:
Slope | Maximum Permitted Disturbance of Slope Area | Permitted Development Activity |
|---|---|---|
Less than 15% | 100% | All activities |
15% to 19.9% | 50% | All activities subject to compliance with this section |
20% to 24.9% | 25% | All activities subject to compliance with this section |
25% to 29.9% | 10% | Only transitional grading |
30% or more | 0% | No disturbance permitted |
(2)
No soil shall be excavated, removed, deposited or disturbed within an area of steep or excessive slopes except as a result of and in accordance with the terms of this § 600-175.
(3)
Proposed disturbances of soil shall be for purposes consistent with the intent of this section and it shall be controlled in a manner that will not cause excessive erosion or other unstable conditions.
(4)
Provision shall be made for the proper disposition of surface water runoff, both during and post construction, so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties.
(5)
Provision shall be made for any structures or protective measures that proposed slopes may require for the protection of the public safety, including, but not limited to, retaining walls, headwalls and fences.
(6)
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage as approved by the Health Officer.
(7)
Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any watercourse.
(8)
Any proposed building or structure shall be of sound engineering design with footings designed to extend to stable soil and/or rock with proper lateral support and that when built may be occupied without peril to the health or safety of the occupants as approved by the Construction Official.
(9)
Any proposed vehicular facilities including roads, driveways or parking areas shall be so designed that any land disturbances shall not cause excessive erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(10)
All structures shall be constructed in all instances on slopes that do not exceed 25%.
(11)
All public and private streets and roadways shall follow, to the extent possible, the existing natural terrain and slope. Such improvements shall be constructed in all instances on slopes that do not exceed 25%.
(12)
Except for minor topographic variations, driveway grades and the soil cuts/fills in areas of steep slopes are critical concerns of this subsection and shall not be constructed unless the Township Engineer or the Planning Board, as the case may be, is assured that the design achieves the highest standards established by this subsection. The connection of any driveway to a street shall be by a vertical curve of sufficient radius to provide a smooth transition. Said vertical curve and driveway profile shall be designed to accommodate the master plan road width. The maximum allowable grade for driveways is 15%. A maximum grade of 2% shall be required for the first 20 feet of driveway, measured from the curbline. The horizontal angle of intersection of a driveway with a street shall not be less than 60°.
(13)
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer and subject to the following development conditions:
(a)
No retaining wall higher than three feet shall be erected within 25 feet of the intersection of any two street rights-of-way or within any sight easement.
(b)
The maximum height of any retaining wall, measured from any point at ground level, shall be six feet.
(c)
For the purpose of applying height limits, multiple, staggered or tiered walls, and/or wall/fence combinations shall be considered single units unless the horizontal distance between the top of any section or tier shall exceed 10 feet.
(d)
All walls greater than four feet in height shall require certification by a professional engineer that the wall was constructed in accordance with approved plans.
(14)
All cuts/fills shall be supported by retaining walls or other appropriate retaining structures, when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer in order to prevent erosion and achieve greater soil stabilization.
G.
Steep and excessive slope area regulations take precedence. In the event of any conflict between any other provision of this chapter and section, the provisions of this § 600-175 shall prevail. In the event of any conflict between any provision of this subsection and any provision of Chapter 475, Soil Erosion and Sediment Control, and Chapter 479, Soil Removal, of this Code, the provisions of Chapters 475 and 479 shall prevail.
§ 600-176 Agricultural uses.
[Added by Ord. No. 2-08]
A.
Purpose. The purpose of this section is to ensure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied and are consistent with relevant federal and state law and nonthreatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it ensures numerous social, environmental and economic benefits, including the preservation of open space; atmospheric habitat; the preservation of land as a nonreplenishable resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.
B. ACCEPTABLE AGRICULTURAL MANAGEMENT PRACTICES AGRICULTURE COMMERCIAL FARM(1) (2) FARM MANAGEMENT UNIT FARM MARKET NUISANCE PICK-YOUR-OWN OPERATION
Definitions. For the purposes of this section only, the following terms shall be defined as follows:
The agricultural management practices recommended or endorsed by the State Agriculture Development Committee, plus those practices complying with a conservation plan.
The production, principally for the sale to others, of plants, animals, or their products worth $2,500 or more annually, including, but not limited to, forage and sod crops, grain and feed crops, dairy animals and dairy products; livestock, including dairy and beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; including, grapes, nuts and berries; vegetables; trees; nursery, floral, ornamental and greenhouse products, apiary and forest products, and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Agriculture shall not include intensive poultry or swine production or extensive animal feedlot operations.
A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of the agricultural output of the commercial farm and, except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
Any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated and for which the injured or affected property owner may recover damages.
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
C.
The right to engage in agriculture, as defined herein, shall be permitted in all zones, and it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.
D.
Permitted uses and structures.
(1)
If the practice of agriculture as defined above is part of the operation of a commercial farm as defined above, then all uses and structures customarily incidental to the operation of a commercial farm shall be permitted accessory uses in the zones set forth herein above, including, but not limited to:
(a)
The storage, processing and sale of farm products where produced;
(b)
The use of any and all equipment, including, but not limited to, irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, and bird control devices,
(c)
The application of manure, chemical fertilizers, insecticides, pesticides and herbicides;
(d)
On-site disposal of organic agricultural waste;
(e)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas, and installation of soil and water conservation practices, and control in accordance with a plan approved by the Morris County Soil Conservation District.
(f)
Transportation of slow moving equipment over roads within the municipality;
(g)
Utilization of tractors and other necessary equipment;
(h)
Housing and employment of farm laborers;
(i)
Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and ancillary to agricultural and horticultural production;
(j)
The conducting of farm practices at any and all times when necessary;
(k)
The grazing of animals and use of range for fowl;
(l)
The raising and keeping of farm animals, including pets, pastoral farm animals (dairy and beef cattle, sheep and goats), swine, fowl, horses, ponies and mules, provided that proper sanitation standards, minimum acreage limits and boundary sizes between fencing or enclosures and adjoining properties are established.
(m)
Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained;
(n)
The operation of a farm market with attendant signage, including the construction of building and parking areas in conformance with Township standards;
(o)
The operation of a pick-your-own operation with attendant signage;
(p)
Replenishment of soil nutrients and improvement of soil tilth; and
(q)
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
(2)
Commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
E.
Commercial farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by the Morris County Agriculture Development Board;
(3)
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experiment Station.
F.
The foregoing activities must be in conformance with applicable federal and state law.
G.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
H.
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
I.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Morris County Agriculture Development Board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.
J.
An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near commercial farms of accepted activities or practices associated with those neighboring farms. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an Agricultural Development Area, meaning an area identified by the Morris County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.
(1)
Disclosure shall be required whenever lots are sold by a developer who has received approval of a subdivision application on or after the effective date of this section.
(2)
The disclosure required by this section is set forth herein, and shall be made a part of, the following disclosure form:
Real Estate Transfer Disclosure Statement | |
This disclosure statement concerns the real property situated in the Township of Denville described as Block _______, Lot _______. This statement is a disclosure of the conditions of the above described property in compliance with Ordinance No. 2-08 of the Township of Denville. It is not a warranty of any kind by the seller(s) or any agent(s) representing any principal(s) in this transaction, and is not a substitute for any inspections or warranties the principal(s) may wish to obtain. | |
I. Seller's Information | |
The seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. The following are representations made by the seller(s) as required by the Township of Denville and are not the representation of the agents, if any. This information is a disclosure and is not intended to be part of any contract between the buyer and seller. The Township of Denville permits the operation of generally accepted agricultural management practices within the municipality. If the property you are purchasing is located near land actively devoted to commercial agriculture or in an agricultural development area, meaning an area identified by the Morris County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee, you may be affected by these agricultural activities or practices. The effect of these activities or practices may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure and compost, and the application by spraying or otherwise of fertilizers, soil amendments, herbicides and pesticides. One or more of the effects described may occur as the result of any agricultural operation which is in conformance with existing federal and state laws and regulations and accepted customs and standards. If you live near an agricultural area, you should strive to be sensitive to the needs of commercial farm operators, as their presence is a necessary aspect of an area with a strong rural character and a strong agricultural sector. The State Agriculture Development Committee has established a formal complaint process to assist in the resolution of any disputes which might arise between residents of the Township of Denville regarding the operations of commercial farms. Seller certifies that the information herein is true and correct to the best of seller's knowledge as of the date signed by the seller. | |
Seller | Date |
Seller | Date |
II. | |||
Buyer(s) and seller(s) may wish to obtain professional advice and/or inspections of the property and to provide for appropriate provisions in a contract between buyer and seller(s) with respect to any advice/inspections/defects. | |||
I/We acknowledge receipt of a copy of this statement. | |||
Seller | Date | Buyer | Date |
Seller | Date | Buyer | Date |
Agent representing seller | By | Date | |
§ 600-177 Outdoor lighting.
[Added by Ord. No. 24-10]
A.
Purpose. The governing body of the Township of Denville does herein find that regulation of outdoor lighting is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.
B.
All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below:
(1)
Adequate lighting shall be provided for parking areas during the period when the facility is in operation between 1/2 hour before sunset and 1/2 hour after closing. In addition, the premises shall have adequate lighting for security purposes during the period when the facility is not in operation. Battery or other emergency backup power shall be provided in order to maintain correct timing of lighting in the event of a power failure. All exterior lighting shall meet the following criteria:
(a)
All lights shall be focused downward so that the direct source of light is not visible from adjoining streets or properties.
(b)
No light source shall exceed a height of 18 feet.
(c)
All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.
(d)
The light intensity provided at ground level shall be a minimum of 0.5 footcandle anywhere in the parking area and shall average a minimum of one footcandle over the entire parking area.
(e)
The light intensity shall not exceed 0.5 footcandle along any property line or 0.3 footcandle at a residential property line.
(f)
For each fixture, including illuminated signs, the total quantity of light radiated through the face surface shall not exceed two footcandles when measured from a distance of six feet from the face of the sign.
(g)
Provision shall be made for reduction in the intensity of illumination to the minimum needed for security purposes when the facility is not in operation.
(h)
Shoebox style light fixtures shall be provided unless other styles are approved by the Planning Board or Board of Adjustment. The style of any light or light standard shall be consistent with the architectural style of the principal building.
(i)
Freestanding lights shall be protected to avoid being damaged by vehicles.
(j)
Spotlights and floodlights shall be located and directed so as not to project light beyond the surface being lighted or to create a nuisance or hazard.
(k)
Whenever possible, walkways shall be lighted with low or pathway-type fixtures.
(l)
Except for holiday lighting, flashing, moving or rotating lights are prohibited.
(2)
Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(3)
Outdoor lighting energy conservation.
(a)
All outdoor lighting not necessary for security purposes shall be reduced, activated by motion sensor devices or turned off during non-operating hours. Illuminated signs are excluded from this requirement.
(b)
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency.
(4)
Submission of plans. Plans and evidence of compliance shall include the following.
(a)
Description of outdoor light fixtures, including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and including manufacturers' catalog cuts.
(b)
Locations and description of every outdoor light fixture and hours of operation.
(d)
Computer generated photometric grid showing footcandle readings every 10 feet and the average footcandles.
(e)
Foundation details for light poles.